Get a CDL with a DUI or Felony? - Rules and Exceptions Explained

Many aspiring truck drivers wonder: Can you get a CDL if you already have a DUI or other serious offense on your record, before ever holding a commercial license? The answer depends on the nature of the conviction and how recent it was. While a single non-felony DUI does not always prevent someone from applying for a CDL, it often results in strict waiting periods, mandatory rehabilitation programs, and hiring challenges once the license is obtained. On the other hand, felony DUIs or multiple DUIs usually mean a permanent ban from ever qualifying for a CDL under federal rules. This makes it crucial for anyone with a prior offense to understand the laws, timelines, and exceptions before investing time and money into CDL training.

Why CDL Holders Face Stricter DUI Rules

Commercial drivers are entrusted with greater responsibility than regular motorists. Operating an 80,000-pound semi-truck or a bus filled with passengers requires skill, focus, and sobriety. Because of the heightened risks, the FMCSA imposes stricter alcohol and drug rules on CDL drivers than those applied to the general public.

CDL Drivers Operate Higher-Risk Vehicles

The vehicles CDL holders operate pose significantly more danger in accidents:

• Tractor-trailers and semi-trucks can cause catastrophic damage due to their weight and size.
• Passenger buses carry dozens of people, increasing the risk of mass injury in a crash.
• Hazardous materials carriers transport substances that could cause explosions, fires, or environmental disasters.

These factors justify zero tolerance policies and harsher penalties when CDL drivers are charged with DUI offenses.

The Federal BAC Limit for CDL Drivers

For non-commercial drivers, the legal blood alcohol concentration (BAC) limit is 0.08% in most states. However, CDL drivers are held to a stricter standard:

• 0.04% BAC is enough to be considered legally impaired under FMCSA rules.
• This limit applies while operating a commercial motor vehicle (CMV).
• If a CDL holder is driving a personal vehicle, the 0.08% limit may apply, but the consequences still extend to their CDL.

This means a driver who would not be charged in their personal car at 0.05% BAC can lose their CDL privileges if they were driving a commercial vehicle under the same condition.

FMCSA’s “Four-Hour Rule”

In addition to the lower BAC limit, FMCSA regulations prohibit CDL holders from performing safety-sensitive functions—including driving a CMV—for at least four hours after consuming alcohol. Even if the driver’s BAC is below 0.04%, being caught within that timeframe is a violation that can jeopardize their career.

Why These Rules Exist

The reason behind these strict standards is straightforward:

• A single lapse in judgment by a CDL driver can result in fatal multi-vehicle accidents.
• The public trust in commercial transportation—whether it is cargo delivery or passenger safety—depends on the assurance that drivers are held to higher professional standards.
• The economic impact of DUI-related incidents involving commercial vehicles is massive, affecting insurance rates, freight costs, and even company reputations.

In short, CDL drivers are not treated like ordinary drivers, and DUI charges are prosecuted far more aggressively for them.

What Happens After a First DUI Offense

A first DUI is a serious matter for any driver, but the stakes are significantly higher for those who hold a Commercial Driver’s License (CDL). Unlike regular drivers, who may face fines, short-term suspensions, and mandatory education programs, CDL holders face stricter penalties that directly threaten their livelihood.

General Penalties for Regular Drivers

For drivers without a CDL, the consequences of a first DUI conviction vary from state to state but often include:

• License suspension ranging from 30 days to one year.
• Fines that typically range from $500 to $2,000 depending on jurisdiction.
• Jail time that can range from a few days to several months.
• Mandatory DUI education programs or alcohol treatment.
• In many states, installation of an ignition interlock device is required, which prevents the car from starting until the driver provides a breath sample free of alcohol.

While these penalties are disruptive, they do not always prevent non-commercial drivers from resuming their normal driving privileges once the suspension period is over.

CDL-Specific Consequences of a First DUI

For CDL holders, the punishment is much harsher—even if the DUI occurred in a personal vehicle:

• One-year CDL suspension (federal standard): Under FMCSA regulations, a first DUI results in an automatic suspension of commercial driving privileges for one year. If the driver was transporting hazardous materials, the suspension can extend to three years.
• Regular license suspension: In addition to the CDL suspension, the driver’s standard license is suspended for 30 to 90 days, depending on the state.
• Fines and jail time: CDL holders can face fines of up to $2,500 and jail time of up to six months, depending on state law.
• Mandatory counseling or treatment: Courts often require drivers to complete alcohol or substance abuse counseling before reinstating any license.
• Ignition interlock device: Many states now require first-time offenders to install an interlock device, even if they are CDL holders.

This combination of penalties creates a dual burden: CDL drivers not only lose their ability to drive commercially but also face personal restrictions that affect their everyday lives.

What Happens After a Second DUI Offense

While a first DUI is damaging but sometimes survivable, a second DUI offense is almost always career-ending for CDL holders.

FMCSA’s Federal Rule: Lifetime CDL Disqualification

The Federal Motor Carrier Safety Administration (FMCSA) sets a clear standard:

• Two DUI convictions result in lifetime disqualification from holding a CDL.
• This applies regardless of whether the DUI occurred:
  • Before the driver ever obtained their CDL.
  • In a personal vehicle.
  • Or while operating a commercial motor vehicle.

This rule reflects the FMCSA’s zero-tolerance stance on repeat offenders, prioritizing public safety over second chances.

Rare State Reinstatement Options

While federal law sets the baseline, a few states provide limited opportunities for reinstatement after a second DUI. These include:

• Colorado
• Michigan
• California
• Arizona

However, reinstatement is never automatic and usually comes with strict conditions. Most states require:

• A waiting period of 7–10 years with no further violations.
• Proof of completion of a state-certified rehabilitation program.
• A spotless driving record during the waiting period.
• Documentation of sustained sobriety, sometimes requiring ongoing testing or letters from treatment providers.

Requirements for Possible Reinstatement

If a state allows reinstatement after a second DUI, applicants usually must:

• Wait out the suspension period (often 10 years).
• Provide evidence of successful completion of rehab or DUI school.
• Pay all fines and complete any court-ordered penalties.
• Pass both the CDL written test and the behind-the-wheel test again.
• Submit to a review process or hearing where they must demonstrate they are no longer a risk.

Challenges Even If Reinstated

Even in the rare event that a driver regains a CDL after a second DUI:

• Insurance companies are reluctant to cover high-risk drivers.
• Large trucking companies usually have blanket policies against hiring anyone with more than one DUI.
• At best, drivers may find work with small independent carriers or through self-employment, but opportunities remain scarce.

In practice, this means a second DUI almost always ends a CDL career permanently—with only rare, state-specific exceptions offering a possible way back.

Can You Get a CDL With a Felony?

Felonies are among the most serious offenses in the legal system, and when tied to a Commercial Driver’s License (CDL), they can end a career before it even begins. Whether a felony conviction disqualifies someone from obtaining or keeping a CDL depends on the nature of the crime, the circumstances of the offense, and federal versus state regulations.

When a DUI Becomes a Felony

Not every DUI is classified as a felony. In many states, a first-time DUI is a misdemeanor offense. However, certain conditions automatically elevate a DUI into felony status, including:

• Having multiple DUIs within a 10-year period.
• Causing bodily injury or death while driving under the influence.
• Having a prior felony DUI conviction on record.

Once a DUI crosses into felony territory, the consequences for CDL eligibility become far more severe.

CDL Eligibility After a Felony DUI

A felony DUI conviction results in a permanent CDL ban under FMCSA regulations. This rule applies even if the felony occurred in a personal vehicle. The reasoning is clear: a driver with a felony-level DUI is considered a permanent risk to public safety, and no second chances are provided at the federal level.

Other Felonies That Permanently Disqualify Drivers

While felony DUI is the most common concern, other crimes can also lead to a lifetime CDL disqualification. The FMCSA has outlined certain offenses that result in permanent bans, especially when a commercial motor vehicle (CMV) is involved:

• Drug trafficking using a CMV.
• Human trafficking.
• Any felony committed with the use of a commercial vehicle (for example, transporting stolen goods or committing violent crime with a CMV).

These offenses not only remove the possibility of regaining a CDL but also carry additional legal penalties such as long-term imprisonment and permanent restrictions on employment in transportation-related fields.

Felonies That May Not Always Disqualify You

Not all felonies automatically disqualify a person from obtaining a CDL. For example, non-violent felonies or crimes unrelated to driving—such as tax evasion or certain property crimes—do not always trigger a permanent ban. However, this does not mean a clean path back into the trucking industry.

Even if the DMV issues or reinstates a CDL, employers have the final say on whether they will hire someone with a felony conviction. Most large trucking companies perform thorough background checks, and insurance providers often refuse to cover drivers with felony records. As a result, drivers with non-disqualifying felonies often struggle to find work, especially with major carriers.

DUI and Drug Use Rules

When most people think of DUI, they associate it with alcohol. However, for CDL holders, the law is much broader and includes impairment caused by drugs—legal or illegal.

How Drug-Related DUIs Are Defined

Under federal and state law, a CDL holder can be charged with a DUI if found to be under the influence of:

• Illegal drugs, such as cocaine, methamphetamine, or marijuana (in states where recreational use is still prohibited in commercial driving).
• Prescription medications, even if legally prescribed, if they impair the driver’s ability to safely operate a vehicle.
• Over-the-counter drugs in cases where side effects like drowsiness compromise driving performance.

This broad interpretation ensures that CDL holders are always accountable for the effects of any substance they consume.

“Per Se” Laws and Zero Tolerance

Many states have adopted “per se” DUI laws, which allow drivers to be convicted simply for having any detectable drug metabolites in their system, regardless of actual impairment. This means:

• A CDL driver could test positive for marijuana or another drug days or weeks after use, even if they are not actively impaired at the time of driving.
• The mere presence of substances can trigger the same penalties as alcohol-related DUIs.

This is especially strict for CDL holders, who cannot afford even minor lapses in judgment when it comes to drug use.

Prescription Drugs and CDL Safety

Having a doctor’s prescription does not automatically protect CDL drivers from DUI charges. If a medication impairs reaction time, alertness, or motor coordination, operating a CMV is still prohibited. Courts and employers alike view prescription misuse—or even legitimate use that leads to impairment—as a direct safety risk.

The Standard for CDL Holders

The expectation is clear: CDL holders must avoid operating vehicles under the influence of any impairing substance. Unlike non-commercial drivers, CDL holders face:

• Lower tolerance thresholds for both alcohol and drugs.
• Stricter testing standards, including random drug and alcohol screenings mandated by employers.
• Harsher career consequences, since any drug-related DUI can end or permanently damage employment opportunities.

In essence, CDL drivers live under a zero-tolerance policy, reflecting the enormous responsibility that comes with commercial driving.

Reinstating a CDL After a DUI (First Offense, Non-Felony)

A first DUI offense does not always mean the end of a commercial driving career. While the penalties are harsh, many states allow CDL holders to reapply for their commercial license once they have completed the suspension period and fulfilled all legal obligations. However, reinstatement is not automatic—it requires effort, compliance, and in many cases, patience.

Steps After a CDL Suspension Ends

Once the suspension period for a CDL has ended, the driver must complete several steps before applying for reinstatement. These typically include:

1. Completion of a court-ordered DUI program or rehabilitation course
   Most states require offenders to complete an alcohol education or substance abuse program. This may involve group classes, therapy sessions, or outpatient treatment. Proof of completion is mandatory before reinstatement.
2. Payment of fines and court fees
   All fines imposed by the court must be paid in full. In addition, DMV reinstatement fees are often required before an application can be processed.
3. Maintaining a clean driving record
   CDL holders must demonstrate that their record is free of additional violations during the suspension period. In some states, attending traffic school may be required to remove points from a driving record and show responsibility.
4. Applying for reinstatement through the DMV
   The process typically involves submitting paperwork, proof of completed requirements, and sometimes retaking both the written CDL test and the skills (road) test. This depends on state law and how long the suspension lasted.

The Employment Hurdle

Even after successfully reinstating a CDL, one of the greatest challenges drivers face is finding employment. Trucking companies must weigh both liability and cost when hiring, and a driver with a DUI presents several issues:

• Insurance costs rise dramatically when companies employ drivers with DUI convictions. Many insurers refuse to cover them altogether.
• Large carriers often have policies that automatically disqualify applicants with a DUI in the last five or ten years.
• Smaller companies or independent contractors may be more flexible, but even they are cautious due to financial and reputational risks.

The Importance of Persistence

Although opportunities are limited, drivers who demonstrate long-term sobriety, clean records, and a commitment to rehabilitation may find a second chance. Researching company policies before applying, being upfront about past mistakes, and obtaining references from rehabilitation counselors or community programs can improve the odds of securing employment.

In short, while reinstating a CDL after a first DUI is legally possible, the real challenge lies in convincing employers to take the risk of hiring a driver with a past conviction.

The final takeaway is prevention: CDL holders must avoid situations that could compromise their license and career. For those already facing DUI or felony charges, the smartest move is to seek immediate legal counsel. A skilled defense attorney may be able to reduce penalties, challenge evidence, or find alternatives that protect both your CDL and your future.

Start Your CDL Journey the Right Way – ELDT Nation

If you are eligible to pursue a CDL and have no felony DUI or multiple DUI convictions, the best step you can take is to start your career legally and responsibly. The trucking industry is in urgent need of qualified drivers, and opportunities are available for those who meet the standards.

ELDT Nation offers the fastest and most convenient way to complete the FMCSA-approved Entry-Level Driver Training (ELDT) theory portion of CDL certification. Their online platform is designed to help you pass your CDL theory test quickly and confidently, while learning at your own pace.